Can Your Nebraska HOA Really Control Your Holiday Decorations?
Every December, Nebraskans deck their homes with lights, inflatables, and themed displays—but sometimes the homeowners association (HOA) sends a notice that spoils the cheer. Whether you live in Lincoln, Omaha, or a smaller Nebraska community, HOA holiday décor rules can lead to unexpected fines or disputes. This post explains what authority HOAs and landlords actually have, how Nebraska law protects your rights, and what steps to take if a conflict arises. You’ll learn where HOA power begins and ends, what tenants can do if they’re told to take decorations down, and how to resolve disagreements without going to court.
Nebraska HOA Law: Where Authority Begins and Ends
When you buy a home within an HOA, you agree to follow its governing documents—its Declaration of Covenants, Conditions, and Restrictions (CC&Rs), bylaws, and community rules. These documents gain legal force through the Nebraska Nonprofit Corporation Act (Neb. Rev. Stat. § 21-1901 et seq.) and, for condominiums, the Nebraska Condominium Act (Neb. Rev. Stat. § 76-825 et seq.) or the older Condominium Property Act (§ 76-801 et seq.), depending on when the community was established.
Your HOA’s board can regulate exterior appearance and community standards, but those regulations must be reasonable and uniformly enforced. Nebraska courts have held that selective or arbitrary enforcement can violate fiduciary duties owed to members.
Typical HOA rules may cover:
When decorations can go up or must come down (often within 14–30 days of a holiday).
Light brightness, color, or noise from music or displays.
Placement on personal property versus shared spaces.
Electrical safety or fire-code compliance.
HOAs may not regulate based on content—for instance, banning religious or cultural displays—because that would conflict with the Fair Housing Act and the Nebraska Equal Opportunity Commission’s anti-discrimination standards.
Renter Rights: Nebraska Landlord-Tenant Law and Holiday Rules
If you rent within an HOA community, your landlord must comply with both HOA and lease obligations. Under Neb. Rev. Stat. § 76-1401 et seq., landlords may impose reasonable restrictions related to safety or maintenance but cannot retaliate when tenants assert lawful rights.
Cities such as Lincoln and Omaha focus on safety and nuisance prevention rather than aesthetics. Common code issues include obstructed walkways, improper extension cords, or excessive brightness that disturbs neighbors. Most leases limit decorations on balconies or shared exteriors, but ordinary, temporary holiday décor is typically fine if it’s safe and compliant with local regulations.
If a landlord or HOA insists on removal, ask for the specific rule or code section and document the conversation. A written record often resolves misunderstandings quickly.
Resolving Holiday Décor Disputes in Nebraska (Mediation & Legal Steps)
Small disputes—like a complaint about lighting hours—can escalate if communication breaks down. To protect your rights:
Read the governing documents carefully. Confirm that your HOA’s cited rule exists and applies to your property.
Communicate early and respectfully. Many issues resolve informally when homeowners ask for clarification or propose adjustments.
Use mediation before litigation. The Nebraska Office of Dispute Resolution offers affordable community mediation under Neb. Rev. Stat. § 25-2901.
Seek legal help when needed. If you face selective enforcement, unreasonable fines, or retaliation, a Nebraska HOA attorney can review your bylaws and pursue fair remedies.
If you’re facing unreasonable fines, selective enforcement, or confusion about your HOA’s covenants, don’t wait for the situation to escalate. Contact our office today to schedule a consultation with a Nebraska HOA attorney. We can review your documents, explain your rights, and often resolve disputes efficiently—without costly litigation.
Real Nebraska example: In a 2022 Douglas County neighborhood dispute over religious lights, residents reached a compromise through mediation—limiting display hours but allowing full expression. The process took days, not months, and avoided court altogether.
Practical Tips Before You Decorate
Review HOA or lease calendars for permitted display periods.
Keep written approval for any exceptions.
Ensure lights and cords meet safety codes.
Take photos of displays in case disputes arise.
Talk with neighbors before installing large or musical displays.
A few minutes of preparation can prevent holiday headaches later.
FAQ: Nebraska HOA & Holiday Décor Rules
Can an HOA ban all outdoor decorations?
Not reasonably. HOAs can set neutral limits on time or brightness but cannot impose blanket bans without justification.
What if my HOA fines me for lights or inflatables?
You’re entitled to written notice and a chance to contest the violation. Request a hearing or mediation before paying.
Can I display a nativity, menorah, or other religious symbol?
Yes—federal and state fair-housing laws prohibit religious discrimination. HOAs may only regulate size or placement neutrally.
Do these rules apply to tenants?
Yes, through the lease. Landlords must act reasonably and can’t retaliate for lawful, safe holiday décor.
How can I prevent disputes next season?
Propose that your HOA adopt clear, written holiday-décor guidelines before next year’s festivities begin.